Lease Agreement
THIS AGREEMENT MADE, this _______ day of ____________, _____ between:
(1)
PARTIES:
LANDLORD:
__________________________
__________________________
__________________________
TENANT:
____________________________
_________________________
____________________________
_________________________
____________________________
_________________________
If there is more than one Landlord or Tenant, the words “Landlord” and “Tenant” used in this Lease
include them.
(2)
TERM:
Beginning________________
Ending _________________
(3)
PREMISES RENTED: __________________________
___________________________
(4)
TOTAL RENT:
$_________
SECURITY DEPOSIT:
$ ________
KEY DEPOSIT:
$
______
The balance of the rent in the amount of $____________ is to be paid in __ equal installments of
$________; payable in advance on the first day of each month. Money due at Lease signing will be
$_________ for Security Deposit. Key deposit of $______ is due at move-in.
(5)
LATE CHARGES:
th
Any installment of rent not received by the close of business on the 5 day of the month will incur a late
charge of 5% of the total monthly installment, with a minimum of $25.00.
In the event that a check or money order, tendered to the Landlord for any payment due under the Lease,
is refused by Landlord’s bank as not negotiable for any reason, such amount shall remain due and owing,
shall be deemed late if tendered for rental payments, and the Tenant shall indemnify the Landlord a
service charge of Thirty Five Dollars ($35.00) in addition to a late charge.
(6)
ADDITIONAL RENT
Any and all charges due from Tenant under this Lease shall be deemed to be “Additional Rent”. Such
charges may include, but not be limited to, late fees, attorneys’ fees, court costs, repair costs incurred as
a result of Tenant’s negligence, etc.
1
(7)
SECURITY DEPOSIT
Tenant’s Security Deposit may be used by Landlord to apply towards unpaid Rent or Additional Rent
charges in the event of late payment or no payment from Tenant. If Tenant causes damage to the
Premises during the Term that requires immediate repair, Landlord may use all or a portion of the Security
Deposit to pay for the repairs. If all or a portion of Tenant’s Security Deposit is applied to unpaid Rent or
Additional Rent, Tenant shall replenish the Security Deposit upon demand. Under no circumstances may
Tenants designate their Security Deposit to be used as Rent during the Lease Term.
(8)
UTILITIES (initial box that applies)
[X]
Tenants are responsible for all utilities.
[ ]
Tenants are responsible for water bills (which shall be billed to Tenants by Landlord on a quarterly
basis. Any unpaid water bills may be deducted from Tenant’s Security Deposit at the end of the Term.
[ ]
All utilities are included in Tenants’ Rent. Utilities are for Tenants’ personal use only. Landlord
reserves the right to bill Tenant for any excessive utility charges that may accrue due to Tenants’ misuse
or overuse of any utilities.
[
]
Tenants are responsible for all utilities except hot water.
[
]
Tenants are responsible for electric and cooking gas only.
Premises are to be heated at all times to a minimum of 50 degrees to protect against any damages from
freezing.
(9)
Liability: The tenants are jointly and severally liable for the performance of all obligations under
this Lease. This means that, if more than one person has signed this Lease, then each one of them, as
well as all of them collectively, is individually responsible for the fulfillment of each and every condition of
the Lease, including payment of the entire rent amount.
10.
Delivery of Possession of Lease Premises: If Landlord does not deliver possession of the Lease
Premises to Tenant within 4 days after the start of the Lease term, Tenant may declare this Lease null and
void. If the delay is due to construction or repair of the Lease Premises, then this grace period shall be
extended for an additional 4 days. Should any such delay occur, Landlord must inform Tenant in writing
of the date on which possession of the Lease Premises may be had, and Tenant shall pay only a pro-rata
portion of the monthly installment for the days on which the premises were occupied. The Lease Term
shall not be extended by any delay in delivery of the Lease Premises.
11.
Landlord’s failure to deliver: In the event Landlord fails to deliver possession of the Lease
Premises within the grace period described above, Tenant may terminate the Lease by giving Landlord
written notice of such, which shall render the Lease null and void. At Tenants option, the Landlord may
provide Tenant with comparable accommodations at an equal rental rate. Otherwise, Landlord must,
upon receipt of Tenant’s written termination notice, immediately return the full amount of the deposit to
Tenant, together with any other funds paid by Tenant to Landlord and together with Tenant’s actual
damages, not to exceed an amount greater than the sum of two (2) months installment of Rent.
12.
Conditions and Inventory Statement: On the day Tenant takes possession of the Lease
Premises, Landlord shall provide Tenant with a Condition and Inventory Statement form, on which
Landlord and Tenant shall indicate the current condition of the Lease Premises and all fixtures and
furnishings contained in the Leases Premises. Landlord and Tenant shall sign two (2) copies of the
Condition and Inventory Statement and each shall keep one signed copy. Tenant shall return the Lease
Premises at the end of the Lease Term in the condition in which the Lease Premises were found,
reasonable wear and tear excepted.
2
13.
Maintenance and repairs: The Lease Premises shall be in good repair and suitable condition for
human habitation at the time possession is delivered to Tenant. Landlord shall maintain the Lease
Premises in such good repair and condition throughout the Lease Term and shall do the same for any
common areas used by Tenant. In the event that something needs repair, Tenant shall notify Landlord
promptly and Landlord shall make all appropriate arrangements for such repair and shall complete such
repair within five (5) business days. If the repair is such that it cannot be made within 5 business days,
then Landlord shall act promptly and expeditiously to have the repair completed as quickly as is practical,
and shall notify Tenant in writing of the expected completion date. In the case of a system failure or other
problem that renders the Lease Premises uninhabitable, such as a furnace failure in the winter (not
caused by power outage) or no running water at any time of the year, Landlord shall repair that failure or
problem immediately.
14.
Premises Uninhabitable: If through any natural or extraordinary force, or due to the negligence of
a third party (not Landlord or Tenant), the Lease Premises are rendered uninhabitable, this Lease may be
terminated by either party at that party’s election. Upon such termination, all prepaid rents and refundable
security deposit shall be refunded to Tenant. If substitute housing is not provided, Landlord elects to
restore the Lease Premises, and Tenant chooses not to terminate this Lease, the Tenant shall be entitled
to a pro-rata reduction of the monthly installment for the period of time during which the Lease Premises
were uninhabitable.
15.
Notices: All written notices or demands shall be served either by person or by regular or certified
mail. Notice to Landlord shall be given at the address listed at the start of this Lease. Notice to Tenant
shall be given at the Lease Premises or at the permanent residence address listed at the start of this
Lease.
16.
Landlord’s Right to Enter Lease Premises: Landlord may enter the Lease Premises only if in the
following situations: (a) in case of emergency; (b) to make necessary or agreed-upon inspections,
repairs, alterations or improvements; ( c) to supply necessary or agreed-upon services; (d) to show Lease
Premises to prospective tenants or purchasers; (e) upon Tenant’s abandonment of the Premises; (f)
pursuant to court order; and (g) with Tenant’s consent. Except in cases of emergency, abandonment, or
Tenant consent, entry may only be made after reasonable notice to Tenant, and then such entry shall be
made only between the hours of 8:00 a.m. and 8:00 p.m.
17.
Remedies for Tenant Default: If Tenant fails to perform any term, covenant or obligation under
this Lease, and that failure continues or re-occurs after written demand for compliance with the Lease has
been given to Tenant by Landlord, then Landlord may elect to declare the Lease forfeited and may
proceed to recover possession of the Leases Premises from Tenant. If Tenant breaches the Lease by
abandoning the Lease Premises, the Landlord may declare the Lease terminated and of no further force
or effect. Absence from the Lease Premises for the duration of semester breaks or breaks between
semesters shall not be deemed abandonment of the Premises.
18.
Remedies for Landlord Default: If Landlord fails to perform any term covenant or obligation under
this Lease, and that failure continues or re-occurs after written demand from Tenant for Landlord’s
compliance with the Lease, then Tenant may declare Landlord in breach and the Lease of no further force
or effect. This declaration must be in writing and served upon Landlord in accordance with the Notice
provision in Paragraph 7 above, in order to be effective. After such termination, landlord must return to
Tenant all prepaid rents and the refundable portion of the security deposit.
19.
Duty to Mitigate: Landlord must attempt to mitigate damages caused by Tenant’s default, by
making reasonable efforts to re-let the Lease Premises. Landlord shall have complied with this duty if
Landlord places a newspaper advertisement for this purpose and that advertisement runs for three (3)
consecutive days during a one month period. Tenant must also attempt to mitigate damages caused by
Landlord’s default, by making a prompt, good faith effort to secure housing at a rental amount similar to
that charged by Landlord for the Leased Premises.
3
20.
Dispute Resolutions: In the event Landlord and Tenant are unable to resolve a dispute or claim
arising between them in connection with this Lease, either party may submit that dispute or claim to any
alternative dispute resolution service, including mediation services or judge. PARC (Program on the
Analysis and Resolution of Conflicts), or Student Legal Services. This provision shall not prevent the
parties from choosing another forum for their dispute, however. It is not meant, nor shall it be deemed, to
require mediation or arbitration or to limit the parties remedies in any way.
21.
Additional Rules and Regulations: Landlord’s Rules and Regulations pertaining to the Lease
Premises, if any, shall be signed by Tenant and attached to this Lease, and shall be incorporated into this
Lease as if stated in full herein. Other Rules and Regulations may be added after commencement of the
Lease Term, but must be provided to Tenant in writing, must have a reasonable basis and legitimate
purpose, must be fairly and equally enforced, and may not significantly modify to Lease Agreement.
22.
Sublease or Assignment: Only those persons whose names appear on this Lease may remain as
residents or guests for more than one (1) week. Additional residents may be added with the written
permission of the Landlord, who may adjust the rent accordingly. Subletting is allowed with a written
contract. If you sublet, the rent payment must be made to the Landlord by the original Leaseholders. The
sub-letters must pay the Leaseholder.
23.
Noise and Nuisance: Tenant shall observe city ordinances that prohibit any excessive noise or
creating any nuisance that crosses property lines thereby that disturbs the peace of neighboring residents.
This ordinance is in effect 24 hours a day.
24.
Pets: NO PETS are allowed in the Lease Premises or any part of the building, unless Landlord
has consented in writing in advance to such and Tenant has paid Landlord a Pet Deposit.
25.
Use of Premises: The Premises are to be used for lawful residential purposes only.
26.
Legal Fees: In the event of any legal action between the parties concerning this Lease, the losing
party shall pay to the prevailing party that party’s collection expenses, court of mediation costs and
disbursements, and reasonable attorney’s fees.
19.
Lease Renewal: Landlord is not required to renew this Lease at the end of the Lease term. After
providing Tenant with the terms of a new Lease for a term commencing after the end of the Lease Term
specified herein, Landlord may ask Tenant to sign a new Lease at any time.
27.
Covenants and Conditions: Each term and provision of this Lease shall be deemed a covenant (a
promise to perform) and a condition.
28.
Inspection at End of Lease Term: When possession of the Lease Premise is returned to
Landlord (no later than 12:00 p.m. on the last day of the Lease), Landlord and Tenant shall conduct a joint
inspection of the premises and the furnishings and fixtures contained therein, by appointment only (made
at least 3 days prior to move out date). A Final Condition and Inventory Statement shall be completed
during the inspection and compared with the original Condition and Inventory Statement prepared at the
start of the Lease term. Landlord and Tenant shall sign two (2) copies of the Final Statement and each
shall retain a signed copy. If Tenant fails to make an appointment with Landlord for inspection or Tenant
wishes to leave earlier than the scheduled time, Tenant may turn keys over to Landlord and Landlord will
do the inspection as soon as possible (within 24 hours). Within twenty-one (21) days after the ending
date of Lease, Landlord shall return to Tenant a check in the amount of the security deposit minus any
deductions made for property damage in accordance with the Final Condition and Inventory statement.
29.
Mowing and Shoveling: It is the responsibility of the Landlord to keep shrubbery neatly trimmed,
to mow the lawn during growing season to insure that grass never exceeds eight (8) inches and snow
removal during the snow season.
30.
Trash: Tenant agrees to put trash out after 6:00 p.m. on the night before pickup in securely tied
plastic bags and sturdy trash barrels with tight lids to prevent animal spillage of trash and garbage. Trash
4
receptacles shall be returned to storage the same day as pickup. It is the responsibility of Landlord to
provide garbage cans. Tenants agree to familiarize themselves with the city recycling regulations and to
comply fully with those regulations.
31.
Parking: Tenants will park as instructed by Landlord. It is a violation of city ordinances to park on
lawns and to block sidewalks. If Tenant parks on a lawn or blocks a sidewalk, Tenants vehicle will be
towed without warning or notice by Landlord or a company designated by Landlord to tow said vehicle.
Tenant will be responsible for all towing fees associated with towing the vehicle.
32.
Parties: Live bands or open parties are strictly prohibited at all times.
33.
Alcohol sale: This property is leased as a private residence and the sale of alcohol or distribution
of alcohol to minors is prohibited.
34.
Returned check charge: If a rent check is returned unpaid by the Tenant’s bank for any reason,
the Tenant agrees to pay return check fee of $35.00 incurred by Landlord together with a 5% late fee.
35.
Quiet enjoyment and habitability: Subject to the terms of this Lease, as long as Tenant is not in
default, Tenant may peaceably and quietly have, hold and enjoy the apartment for the term. Landlord
states that the Premise is fit for human living and there is no condition dangerous to health, life or safety.
36.
Default by Tenant: Tenants shall be in default of the Lease:
a)
b)
Lease Term;
c)
If they fail to pay any installment of Rent or Additional Rent on time and in full;
If more than three complaints about the Tenants are received from neighbors during the
If Tenants are found to have violated any of the Rules listed below.
d)
If Tenants allow individuals not indicated on the Lease to reside in the Lease Premises for
more than one week without Landlord’s Permission.
In the event of a Tenant Default other than the non-payment of Rent, Landlord may send Tenant written
notice that the Lease is terminated. Upon receipt of such notice, Tenant must immediately vacate the
Premises. With regard to the non-payment of Rent, Landlord shall be required to follow the procedures
set forth in the Real Property Actions and Proceedings Law.
Additional Rules Governing Tenancy
If Tenant wants to Lease Premises for the following year, Tenant should contact Landlord early in fall as
prospective tenants begin calling early September looking for housing for the following year. Landlord will
be contacting Tenant regarding plans for next Lease year in September.
Tenants may not paint or make any material changes to any part of the Premises without written
permission from Landlord.
Landlord insures only the building, not the contents. Tenant s may obtain Renter’s Insurance if they want
to insure their belongings.
Tenant agrees to keep grounds neat and free of litter.
Landlord has provided Tenants with one or more smoke detectors as required by law. If battery powered
smoke detector beeps intermittently, Tenant agrees to contact Landlord immediately for battery
replacement. Tenant agrees to maintain all smoke detectors in good operating condition at all times (do
5
not remove batteries from detectors). Your life may depend on your smoke detector.
Candles or open flame of any kind, except for gas ranges as provided with Premises or properly
maintained fireplaces are strictly prohibited.
Tenants agree not to go on roof at any time for any reason.
Tenants agree not to attach lock, hasp, or other device that can lock a room from the outside.
Tenants agree NOT to store bicycles inside the house. They may be stored in the basement, brought in
through side door into basement.
Tenants agree not to use double-sided adhesives, or any kind of tape to hang items on walls. Thumb
tacks or push pins may be used sparingly.
Free washers and dryers, where provided, are for the use of Tenants only. Landlord may elect to remove
washers and dryers from Premises where they are used by anyone other than Tenants.
Tenants agree to exercise care in the use of the sewer, including disposing of diapers, tampons, and the
like through the trash rather than through the plumbing. If the sewer becomes blocked by anything other
than roots or a defect in the sewer line itself, Tenant agrees to pay the cost of sewer cleaning.
Landlord is not responsible for any of Tenants’ belongings that are put in the basement. If Tenants store
belongings in basement never place them on the floor.
Landlord is not responsible for chimney sweeping and makes no representation as to fitness of any
fireplace for Tenants’ use. If Tenants wish to use the fireplace, Tenants must provide Landlord with a
copy of a receipt showing that the chimney has been inspected and either swept or deemed clean by a
professional chimney sweep within the previous year. Should there be a fire or other problems arising
from the use of the fireplace and should a receipt from a professional chimney sweep not be on file with
the Landlord, Tenant assumes full and sole liability for any damages that may ensue.
Belongings of people other than those who appear on this Lease may not be stored in the Premises.
The use of electrical space heaters and air conditioning devices are not to be used without written
permission from Landlord.
Landlord and Tenant have signed this Lease as of the above date. It is effective when Landlord delivers
to Tenant a copy signed by all parties.
1st monthly installment is due on or before the lease starting date
6
MOVE –IN / MOVE-OUT PROCEDURES
1. Move-in inspections are by appointment ONLY. Please note that we DO NOT do movein inspections on weekends.
2. We do a thorough move-in check list for the Tenant before Tenant takes possession of
apartment/house, this protects both parties.
3. DO NOT use screws, large nails, adhesive squares. You may use push pins or small
picture hooks to hang pictures on walls but not in excess.
4. Beware of scratching hardwood floors, use carpet squares or the like under chairs,
especially dining room chairs and desk chairs. Using a piece of carpet, in the winter
season, in your entry will protect your floors too.
5. DO NOT paint anything in apartment/house without prior written permission of Landlord.
6. Always report any water leaks or clogged drains to Landlord.
7. When preparing your apartment/house for a move-out inspection we suggest you do the
following:
 Clean bathroom thoroughly using bleach if necessary
 Clean out kitchen cupboards, refrigerator, stove/oven
 Sweep/vacuum all floors/carpets throughout, mop if necessary
 Wipe down window sills and baseboards in all rooms
8.
Do not attempt to repair holes in walls.
7
LANDLORD:
_______________________________________
TENANT:
_______________________________________
_________________________________
_______________________________________
_________________________________
_______________________________________
_________________________________
TENANTS HAVE RECEIVED A COMPLETE COPY OF LEASE.
_____
_____
_____
_____
8
LEAD PAINT ADDENDUM
New York State law requires every Landlord to give renters the information about lead paint in homes
found at http://www.epa.gob/lead/leadpdfe.pdf
To show that Landlord follow that requirement, Tenant must sign the standard form below, provided by the
state.
Lead Warning Statement
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose
health hazards if not managed properly. Lead exposure is especially harmful to young children and
pregnant women. Before renting pre- 1978 housing, Landlord must disclose the presence of known leadbased paint of lead-based paint hazards in dwelling. Tenants must also receive a federally approved
pamphlet on lead poisoning prevention.
Landlord’s Disclosure
Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
Landlord has no reports pertaining to lead-based paint and/or lead-based paint hazards in the housing.
Tenant has received the pamphlet “Protect Your Family from Lead in Your Home“.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that
the information they have provided is true and accurate.
________________________________________________________________
Signature
Date
________________________________________________________________
Signature
Date
________________________________________________________________
Signature
Date
________________________________________________________________
Signature
Date
________________________________________________________________
Signature
Date
________________________________________________________________
Signature
Date
________________________________________________________________
Signature
Date
9